Legal Opinion

Clark v. State

Court of Appeals of Alaska

Decided May 21, 2010No. A-10170Published

1Opinion of the Court

OPINION

BOLGER, Judge.

The police detained Marteshia Clark as a passenger in a reportedly stolen vehicle. The police searched the vehicle, finding packets of cocaine in a metal cigarette case left on the backseat. Clark challenges the superior court's conclusion that the search was justified as a consent search and a search incident to arrest. We conclude that the police were authorized to open the cigarette case based both on the vehicle owner's consent to a general search and on the cireumstances suggesting that the case had been left on the backseat of a stolen vehicle.

Background

On January…

2Cases cited17 opinions

  1. United States v. MatlockSupreme Court of the United States · 1974
  2. Arizona v. GantSupreme Court of the United States · 2009
  3. Florida v. JimenoSupreme Court of the United States · 1991
  4. United States v. Di ReSupreme Court of the United States · 1948
  5. Wyoming v. HoughtonSupreme Court of the United States · 1999

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